ACRP Legal Research Digest 10

• A proprietor was questioned about its ability to develop revenuegenerating
concessions at a proposed FasTracks station 10 mi from the terminal.
• A proprietor amended all Fixed Base Operator (FBO) leases after disputes
over its exclusive leasing of FBO ramp space led to an FAA IG complaint.
4 Airspace Issues and Obstructions—Permissible airport actions
• Local communities wanted a proprietor to restrict aircraft operations,
establish specific flight tracks, or redirect aircraft to other airports.
2 Antitrust—Permissible airport actions
4 Business Decision-Making Authority of the Airport
• A city sponsor disputed requirements for medical benefits under city living
wage laws, but only at the airport.
• A lawsuit challenged a proprietor’s formation, claiming it was created by
unconstitutional special legislation, and the state Supreme Court confirmed
the formation was legal.
1 Civil Rights—Allowable practices
2 Competition Plans—Allowable practices
2 Congestion Management—Allowable practices
• FAA contacted the proprietor to set hourly limits on flights at LaGuardia
airport, resulting in a lawsuit.
0 Contracting Authority—Allowable practices
2 Curb Management Requirements—Allowable practices
4 First Amendment Restrictions—Allowable practices
3 Flight Bans—Allowable practices
3 Fueling Activities—Allowable practices
• A proprietor successfully protected its exclusive right to sell fuel after a
tenant pursued a lawsuit and a Part 16 action.
9 Ground Transportation—Allowable practices
• An RFP limited an airport’s number of providers.
• A proprietor’s state transportation agency and attorney general complained
that it should impose alternative fuel vehicle requirements on
ground transportation vehicles.
• A proprietor faced questions regarding the scope of its right to regulate
taxi activity as a proprietor versus a city’s right to regulate under licensing
ordinances.
7 Land Use and Planning—Practices allowed on airport
• A county claimed that it had the ability to impose zoning requirements
on a proprietor’s land for nonaviation uses located on the proprietor’s property.
9 Land Use and Planning—Practices allowed surrounding the airport
• Lawsuits challenged a proprietor’s zoning requirements supporting
Runway Protection Zone and Part 77 requirements.
• An airport authority proprietor explored whether its enabling legislation
permitted it to adopt zoning ordinances affecting surrounding communities
in an effort to prevent a local city from building wind turbines.
• A proprietor was involved in litigation over a neighboring city’s ability to
use land for a football stadium.
• Local governments forced a proprietor to conduct a comprehensive analysis
of future airport development on and off of the airport for high speed
rail, train services, a multimodal transportation center, a consolidated
rental car facility, etc.
• A proprietor worked with neighboring cities to adopt airport compatible
zoning.
• A proprietor faced zoning issues with its municipality.
4 Leasing Practices Allowed—Airlines
3 Leasing Practices Allowed—Concessions
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